Can I grow cannabis in an allotment? It almost always says: No

Can I grow cannabis in an allotment?  It almost always says: No

Since April 1st, adults have been allowed to consume, possess – and grow cannabis with restrictions. Can you also grow plants in the garden colony? No, it says now. But there is an exception.

Growing cannabis in allotments is generally not permitted. The Federal Ministry of Health now referred to this. Cultivation is only legal there if the person cultivating it has a residence in the allotment, said a ministry spokesman. “That’s usually not the case.”

He referred to the Federal Allotment Garden Act. It is regulated there that an allotment arbor must not be suitable for permanent living. He also said that the legislature had expressly rejected the expansion of gazebos into small homes.

Cannabis may be grown by adults at their residence

The German hemp association was recently concerned with the question. He had criticized the Federal Association of Allotment Garden Associations for the fact that cultivation in allotment gardens was fundamentally not possible. This refers to the federal government’s declarations that it attached to its cannabis law.

It only says that adults can grow up to three cannabis plants “at their place of residence or habitual residence.” However, the explanations mentioned go on to say: “Private self-cultivation is the self-cultivation of cannabis in the area of ​​a private apartment. The term apartment within the meaning of this law includes all rooms dedicated to private residential purposes, including gardens, allotments, weekend houses, holiday apartments, etc..”

So, growing plants in the garden colony? No, the Federal Ministry of Health now clarifies. This only applies in exceptional cases as part of the protection of existing buildings, if the owner of a gazebo already lived there before the Federal Allotment Garden Act came into force more than 40 years ago. “The rights of an allotment gardener to use his arbor for residential purposes remain if they existed when the Federal Allotment Garden Act came into force on April 1, 1983 and no other regulations conflict with residential use.”

Source: Stern

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